Regulation SHO took effect January 3, 2005, and provides a new regulatory framework governing short selling of securities. It was designed with the objective of simplifying and modernizing short sale regulation and providing controls where they are most needed. At the conclusion of each settlement day, data is provided on securities in which: 1) there are at least 10,000 shares in aggregate failed deliveries for the security for five consecutive settlement days, and 2) these failures constitute at least 0.5% of the issuer's total shares outstanding. Regulation SHO mandates that, if a clearing agent has had a fail-to-deliver position for 13 consecutive settlement days, that clearing agent, and the broker/dealer it clears for, must purchase securities to close out its fail to deliver position.
Excel Maritime Carriers Ltd. (NYSE: EXM | Quote | Chart | News | PowerRating) a shipping company, engages in the ownership and operation of bulk carrier vessels. The company provides seaborne transportation services for dry bulk cargoes, such as iron ore, coal and grain, steel products, fertilizers, cement, bauxite, sugar, and scrap metal. As of May 15, 2008, its fleet consisted of 47 vessels comprising 4 Capesize, 14 Kamsarmax, 21 Panamax, 2 Supramax, and 6 Handymax with a total carrying capacity of approximately 3.7 million deadweight tonnage. The company was founded in 1988 and is headquartered in Hamilton, Bermuda. With 20.03 million shares outstanding and 3.12 million shares declared short as of July 2008, the failure to deliver in shares of EXM has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 54,630 shares of EXM that were failing-to-deliver as of September 28, 2007.
US Airways Group Inc. (NYSE: LCC | Quote | Chart | News | PowerRating) provides air transportation for passengers and cargo. It operates approximately 3,800 flights daily to 230 communities in the continental United States, Hawaii, Alaska, Canada, the Caribbean, Latin America, and Europe. As of December 31, 2007, the company operated 356 mainline jets supported by its regional airline subsidiaries and affiliates operating as US Airways Express, which operate approximately 232 regional jets and 104 turboprops. US Airways Group operates a hub-and-spoke network with hubs in Charlotte, Philadelphia, and Phoenix; and secondary hubs/focus cities in Las Vegas, New York, Washington, D.C., and Boston. The company was founded in 1981 and is headquartered in Tempe, Arizona. With 92.09 million shares outstanding and 30.7 million shares declared short as of July 2008, the failure to deliver in shares of LCC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 42,474 shares of LCC that were failing-to-deliver as of September 28, 2007.
TempurPedic International Inc. (NYSE: TPX | Quote | Chart | News | PowerRating) engages in the manufacture, marketing, and distribution of bedding products worldwide. Its products include pillows, mattresses, and adjustable beds, as well as various cushions and other comfort products. The company markets its products through furniture and bedding, and specialty stores, as well as department stores; direct response and Internet; chiropractors, medical retailers, hospitals, and other healthcare markets; and third party distributors. Tempur Pedic International sells its products under TEMPUR and Tempur-Pedic brand names. The company was founded in 1989 and is based in Lexington, Kentucky. With 74.67 million shares outstanding and 34.72 million shares declared short as of July 2008, the failure to deliver in shares of TPX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 22,751 shares of TPX that were failing-to-deliver as of September 26, 2007.
Palm Harbor Homes Inc. (NASDAQ: PHHM | Quote | Chart | News | PowerRating) together with its subsidiaries, engages in the manufacture and marketing of factory-built homes in the United States. The company manufactures a range of single and multi-section manufactured and modular homes, including ranch-style homes. It also builds single-section homes, split-level homes, cape cod style homes, two and three story homes, and multi-family units, such as apartments and duplexes. In addition, the company offers conforming mortgages to purchasers of factory-built homes sold by company-owned retail sales centers, and independent retail dealers, builders, and developers. Further, it provides property and casualty insurance, as well as extended warranties for owners of manufactured homes. The company sells its products through a distribution network, consisting of its retail sales centers, independent dealers, builders, and developers. As of March 28, 2008, it sold homes through 87 company-owned retail sales centers and builder locations, and approximately 275 independent retail dealers, builders, and developers. The company was founded in 1977 and is headquartered in Addison, Texas. With 22.85 million shares outstanding and 3.99 million shares declared short as of July 2008, the failure to deliver in shares of PHHM has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 29,860 shares of PHHM that were failing-to-deliver as of September 28, 2007.
Uranium Resources Inc. (NASDAQ: URRE | Quote | Chart | News | PowerRating) engages in the acquisition, exploration, development, and mining of uranium properties. It holds interest in the Kingsville Dome property comprising approximately 2,354 gross and net acres in central Kleberg County, Texas; and the Rosita and Rosita South property consisting of 2075 gross and net acres, including 775 acres in Rosita and 1300 acres in Rosita South in north-central Duval County, Texas. The company also owns interest in the Vasquez property with 872 gross and net acres located in southwestern Duval County, South Texas; and the Mosser Exploration property with Hope Garden, which has 1500 gross and 825 net acres, Orange Grove that has 1547 gross and 851 net acres, and Ben Bolt comprising 2350 gross and net acres in Jim Wells county, Texas. In addition, Uranium Resources holds the Marshall Exploration property with 1953 gross and net acres in Duval and McMullen counties, Texas; the Church Rock properties with approximately 2,200 gross and net acres in McKinley County, New Mexico; the Crownpoint properties located in the San Juan Basin in Gallup, New Mexico; and the Nose Rock property with approximately 6,400 acres in about 12 miles northeast of Crownpoint, New Mexico. Further, it owns the West Largo property that consist of six contiguous sections of land in McKinley County, New Mexico; and the Roca Honda property with four sections of land totaling approximately 2,560 acres in McKinley County, New Mexico. The company was founded in 1977 and is based in Lewisville, Texas. With 52.31 million shares outstanding and 5.38 million shares declared short as of July 2008, the failure to deliver in shares of URRE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 90,651 shares of URRE that were failing-to-deliver as of September 28, 2007.
Daytonabrands Inc (OTC: DYTB | Quote | Chart | News | PowerRating) engages in the manufacture and marketing of consumer products in the automotive market. Its products include engine treatment products; automatic transmission treatment formula; power steering treatment formula; fuel treatment formula; appearance enhancement formula; microfibre products for polishing, cleaning, waxing, dusting, or drying; automotive safety products, such as Autoalert, auto park single car parking system, autopark dual car parking system, Auto.Awake, AM/FM Radio, and shake flashlight; and apparel products, including baseball caps, polo shirts, sweat shirts, and T-shirts. The company offers these products primarily for cars, minivans, sport-utility vehicles, light trucks, recreational vehicles, torque convertors, snowmachines, and all-terrain vehicles. Daytonabrands sells its products through Web sites, independent retailers, and warehouse distributors in the United States. The company is based in Irvine, California. With 32.20 million shares outstanding and 5,000 shares declared short as of July 2008, the failure to deliver in shares of DYTB has not been resolved and a buy-in is imminent.
About BUYINS.NET
WWW.BUYINS.NET is a service designed to help bonafide shareholders of publicly traded US companies fight naked short selling. Naked short selling is the illegal act of short selling a stock when no affirmative determination has been made to locate shares of the stock to hypothecate in connection with the short sale. Buyins.net has built a proprietary database that uses Threshold list feeds from NASDAQ, AMEX and NYSE to generate detailed and useful information to combat the naked short selling problem. For the first time, actual trade by trade data is available to the public that shows the attempted size, actual size, price and average value of short sales in stocks that have been shorted and naked shorted. This information is valuable in determining the precise point at which short sellers go out-of-the-money and start losing on their short and naked short trades.
BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted, www.buyins.net/squeezetrigger.pdf. The SqueezeTrigger database of nearly 2,100,000,000 short sale transactions goes back to January 1, 2005, and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005, because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.
The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each month's short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money.
All material herein was prepared by BUYINS.NET, based upon information believed to be reliable. The information contained herein is not guaranteed by BUYINS.NET to be accurate, and should not be considered to be all-inclusive. The companies that are discussed in this opinion have not approved the statements made in this opinion. This opinion contains forward-looking statements that involve risks and uncertainties. This material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. BUYINS.NET is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst or underwriter. Please consult a broker before purchasing or selling any securities viewed on or mentioned herein. BUYINS.NET may receive compensation in cash or shares from independent third parties or from the companies mentioned.
BUYINS.NET affiliates, officers, directors and employees may also have bought or may buy the shares discussed in this opinion and may profit in the event those shares rise in value. Market commentary provided by Thomas Ronk.
BUYINS.NET will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell; each investor must make that decision based on his or her judgment of the market.
This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "may", "future", "plan" or "planned", "will" or "should", "expected," "anticipates", "draft", "eventually" or "projected". You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including the risks that actual results may differ materially from those projected in the forward-looking statements as a result of various factors, and other risks identified in a companies' annual report on Form 10-K or 10-KSB and other filings made by such company with the Securities and Exchange Commission.
You should consider these factors in evaluating the forward-looking statements included herein, and not place undue reliance on such statements. The forward-looking statements in this release are made as of the date hereof and BUYINS.NET undertakes no obligation to update such statements.
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